Alabama et al. v. National Marine Fisheries Service et al.
In February 2016, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) finalized revisions to their joint regulations defining “adverse modification” and “critical habitat” under Section 7 of the ESA. For more information on the Section 7 Consultation Changes, you can find a more detailed discussion on the Permitting and Project Development page In November 2016, eighteen states filed suit in the Southern District of Alabama challenging the definitions in the new rules. A more complete discussion of the case, Alabama et al. v. National Marine Fisheries Service et al., and the current status, can be found on the Litigation page.